Terms of Service & Privacy Policies
Last Updated May 2, 2018
Partner Terms of Service (PocketCoach)
Scope of Terms & Conditions
Please read these Terms & Conditions of Service (“Terms & Conditions”) carefully. Unless otherwise indicated, these Terms & Conditions apply to your (i) use of and/or access to the nutriacoach.com website and/or other websites (collectively “Website”) which are owned or operated by PocketCoach, Inc. or its affiliates (collectively “we,” “us,” or “our”), including any portions thereof available only to subscribers; and (ii) your use of and/or access to any content or information and other online or SMS/mobile-enabled technology, digital tools, and other services, programs, and products provided by us (together with the Website, collectively, the “Services”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with PocketCoach. The term “Services” shall refer to both the Standard Services and Basic Services (hereinafter defined).
Agreement and Acknowledgement
User Agreement: By using the Website or Services, you agree to these Terms & Conditions and agree to be legally bound and to abide by the abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
Modification of Terms: PocketCoach may change these Terms at any time and without prior notice. All such changes to these Terms will be posted on the Website, and by using the Website or Services after the posting of any changes you agree to accept any changes. If at any time you choose not to accept these Terms, do not access the Website or otherwise use any Services. If PocketCoach determines in its sole discretion that you have in any way breached these Terms, PocketCoach reserves the right to block your access, delete your account (if any), and/or otherwise block any and all current or future use of the Website or the other Services by you.
Modification of Services: In our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of the Services provided to you, including but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services, and (iv) changing any feature or functionality provided by the Services. You agree that any termination or cancellation of your access to or use of the Services may be affected without prior notice. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of our Services.
When you opt-in to Nutria mobile SMS Services, we will send you an SMS message to confirm your signup.
You can cancel the SMS Service at any time. Just text "STOP" to 48799. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text "HELP" to 48799. After you send the SMS message "HELP" to us, we will respond with instructions on how to contact us about any questions you may have.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost, Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive up to 10 messages daily. If you have any questions about your text or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org
No Medical Advice: All information and opinions offered in connection with Nutria, or otherwise contained on the Website or provided via the Services, are presented solely for informational purposes and are not intended to replace the services of a doctor or other qualified medical professional. You should not use any such information or opinions for diagnosing, treating, curing, or preventing any medical or health condition. No such information or opinions are intended to constitute nor should they be considered to be medical advice or to serve as a substitute for professional medical advice. The use of any such information or opinions is solely at your own risk.
If you think you may have a medical emergency, call your doctor or your local emergency number immediately.
Nutria Services are not recommended for everyone. Before using NutriaServices or any other nutritional or dietary regimen, you should consult with your qualified healthcare provider in order to assess any potential benefits or risks to you in consideration of your personal medical situation. Do not undertake Nutria Services if you are under the age of 18 or are pregnant, breastfeeding, or actively trying to become pregnant without a parent or physician consent. Should you experience any adverse reactions while using Nutria Services, contact your healthcare provider immediately.
As all information presented in connection with Nutria Services, or otherwise contained on the Website or provided via the Services, is only of a general character, no individual results or health effects can be guaranteed, predicted, or foreseen. No statements made in connection with Nutria Services, or otherwise contained on the Website or provided via the Services, have been evaluated by the U.S. Food and Drug Administration or any other domestic or foreign government agency for their accuracy.
Minors: All users who register to use the Services must be 18 years of age or older. Nutria does not collect personally identifiable information from any person it knows is a child under the age of 18.
Standard and Basic Services
Our Services consist of a limited version without DNA testing (“Basic Service”) and standard products with DNA services (“Standard Service”). Standard and Basic Service requires a fee to participate, which is paid (i) by the user. If you are not a Standard Service user who has purchased the DNA assessment, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of the Basic Service at any time without any prior notice to you.
Whether or not you use the Basic Service or the Standard Service, you are responsible for all charges and fees associated with connecting to and using the Website and/or SMS service, including, without limitation, all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes, and any other fees and charges necessary to access our Website and/or SMS service.
FEES, CANCELLATIONS & REFUND POLICIES
If you are a subscriber to our Standard or Basic Service, you further agree as follows:
a. Agreement to Pay.
(i) If you are a Standard or Basic Service User, you will be responsible for the fixed charges you selected at the time of signup. Applicable taxes and other charges and fees incurred in order to access the Nutria Services may also apply.
(i) Cancellation of the 8-week program is not possible. For any questions regarding an issue with program length, please contact Customer Support at email@example.com or Pocket Coach at 51 Melcher Street Boston MA 02210, Attn: Customer Support, or by such other means as we may provide from time to time.
c. Refund Policy
(i) Refund after the Initial Sign-up: We currently don’t offer a refund policy due to the short length of the program. However, if the product has not satisfied your needs, please reach out to our customer service support team at firstname.lastname@example.org
BY ENGAGING WITH NUTRIA, YOU ARE PARTICIPATING VOLUNTARILY AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR HEALTH AND ANY AND ALL RISK OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU AS A RESULT OF SUCH PARTICIPATION. BY CONTINUING TO MAKE USE OF NUTRIA SERVICES, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE NUTRIA (AND ANY SUCCESSORS-IN-INTEREST THERETO) AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, “RELEASEES”) FROM ALL LIABILITY TO YOU AND YOUR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY LOSS OR DAMAGE, AND ANY CLAIM OR DEMAND THEREFORE ON ACCOUNT OF INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE WHILE YOU ARE PARTICIPATING IN ANY NUTRIA SERVICES.
User Provided Content
Materials: Any information or material submitted or sent to Nutria or otherwise via the Services will be deemed not to be confidential or secret. By submitting or sending information or other material to Nutria or otherwise via the Services you represent and warrant that the information is original to you and that no other party has any rights to such information or material. All submitted content may be edited for any purpose.
Links: You may be able to link to third parties’ websites (“Links”) from the Services. PocketCoach is not responsible for the content, availability, advertising, products, or any other material contained on any third-party website, or any additional links contained therein. These Links do not imply any endorsement by or association with PocketCoach. In no event shall PocketCoach be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through such Links. PocketCoach reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any Links. All title and intellectual property rights in and to the content of the Links is the property of the respective content owner and may be protected by applicable intellectual property laws.
Promotions: From time to time, Nutria may offer contests, promotions, or games (collectively, “Games”) as part of the Services, which Games may require the completion of registration forms. Upon submission, all registrations become the exclusive property of Nutria. Participation in any Game shall be subject to the rules published by Nutria with regard thereto, and you agree to release PocketCoach and its affiliates, agents, advertisers, sponsors, and promotional partners from all liability arising from participation in any Game located on or accessed through the Services. Some Games may offer prizes to participants; all such prizes are subject to the rules of such Game. Nutria reserves the right to cancel, terminate, or alter any Game or the rules thereof at any time without prior notice.
Commercial Transactions: Certain products may be offered for sale on or via the Website. In the event you wish to purchase any of these products, you will be asked by the Website or an authorized third party to supply certain information, including without limitation your full name, address, telephone number, and credit card information. You agree to provide the Website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete, and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase. You shall be responsible for all charges incurred through your account as well as for paying all applicable taxes. All purchases of products on or via the Services must be made by adults 18 years of age or older.
Consent to receive electronic communications from PocketCoach and business customers:
Service Announcements: In using the Services, you may receive periodic electronic communications from Nutria regarding the Services, such as new product offers and other information regarding the Website and/or SMS Services, which are part of the Services and which you cannot opt out of receiving, except for SMS notifications which can be managed as described in Section “Mobile Services.”
Promotional Communications: You may also receive periodic promotions and other offers or materials Nutria believes might be of interest to you. You can opt out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message, or (b) changing the messaging preferences in your account.
Withdrawing Your Consent: If you later decide that you do not want to receive future Communications electronically, please send an email to email@example.com or a letter to PocketCoach at 300 TradeCenter, Suite 6750, Woburn, MA 01801. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and electronically signed by you prior to the effective date of your withdrawal. If you withdraw your consent to receive Communications electronically, we may terminate your account and/or access to the Service (or any part thereof).
Intellectual Property Rights
“Nutria,” “PocketCoach,” and all logos, page headers, custom graphics, and icons on the Services are trademarks and/or service marks owned or licensed by Nutria. All other trademarks, product names, company names, and logos appearing on the Services are the property of their respective owners.
The Services contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Nutria owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and print in hard copy portions of the Website and/or the Services solely for non-commercial, personal purposes. Except as provided in the preceding sentence or as permitted by the fair-use privilege under United States copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial, or other use without PocketCoach’s prior written permission is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
Copyright Notice and Takedown Procedures: If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification to our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit PocketCoach to locate the material (e.g., by providing a URL);
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. POCKETCOACH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (i) WARRANTIES CONCERNING AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT ON THE WEBSITE OR THE SERVICES; AND (ii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
POCKETCOACH DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL POCKETCOACH, ITS AFFILIATED ENTITIES, THIRDPARTY PARTNERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “POCKETCOACH PARTIES”) BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF POCKETCOACH OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SERVICES; (iii) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SERVICES; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICES; OR (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION, OR DATA.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF EACH POCKETCOACH PARTY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Notwithstanding the above, the POCKETCOACH Parties’ aggregate sole liability for any reason to you and your sole and exclusive remedy for any cause or claim whatsoever relating to the Website or the Services shall be limited to the extent of actual damages incurred by you, not to exceed U.S. $500.
You agree to defend, indemnify, and hold harmless PocketCoach, its affiliates, officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Website or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. (iv) reserves the right to assume the exclusive defense and control of any matter subject to such indemnification and you hereby agree to cooperate with PocketCoach in asserting any available defenses.
Termination and Survival of Certain Provisions
These Terms are effective until terminated by you or PocketCoach. If you no longer agree to be bound by these Terms, you must immediately cease your use of the Website and the Services. Subject to applicable law, PocketCoach reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services with or without notice. You acknowledge/agree that any termination of your access to the Website or the Services may be affected without prior notice, and you further acknowledge and agree that PocketCoach may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Website or the Services. Furthermore, you agree that PocketCoach and its affiliated entities shall not be liable to you or any third party for any termination of your access to the Website or the Services.
This sentence and the following Sections of these Terms will survive the expiration or termination of these Terms for any reason whatsoever: No Medical Advice, Release, User-Provided Content and Communications, Links, Intellectual Property Rights, General Disclaimer, Limitations of Liability, Indemnification, Termination and Survival of Certain Provisions, and General.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PocketCoach without restriction.
If you have any questions about these Terms or the Services, please contact firstname.lastname@example.org
Your Personal Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.
Children under the age of 18 are not permitted to use Nutria and we do not intentionally collect or maintain Personal Information from those who are under 18 years old.
Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 18, we will take steps to remove that user's Personal Information from our databases. We recommend that children between the ages of 0 and 18 obtain their parents’ permission before submitting information over the internet. By using Nutria, you are representing that you are at least 18 years old, or that you are at least 18 years old and have your parents' permission to use Nutria.
Collection and Use of Information
In general, we collect Personal Information that you submit to us voluntarily through Nutria. We also collect information that you submit in the process of creating or editing your account and user profile on Nutria. For example, our registration and login process may require you to provide us with your name, mobile phone number, valid email address, and password of your choice. When you personalize your profile and use the features of Nutria, we will collect any information you voluntarily provide, and we may also request optional information to support your use of Nutria, such as your year of birth, gender, and other demographic information.
We collect information in the form of the content that you submit during your use of Nutria, such as photos, comments, ratings, and other information you choose to submit. We may also collect information about you and your friends from any social network you may have connected to in order to provide you with a more personalized experience. For instance, we may collect your user ID or profile information that you have permitted to be displayed through Nutria in order to display you as a friend or in association with your profile and collections. When you order our products or services, you will need to submit your credit card or other payment information so that we can process your payment for those products and services. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and all related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the Nutria community.
Personal Information from Other Sources
We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, "Partners"), or other third parties. We may associate this information with the other Personal Information we have collected about you.
Email and Email Addresses
If you send an email to us or fill out our "Feedback" form through Nutria, we will collect your email address and the full content of your email, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through Nutria or the social network from which you have connected to Nutria (such as in an invitation or when sharing your content). Additionally, we use your email address to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this email address to contact you for things such as notifications of special programs and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.
Information Collected Via Technology
An "Internet protocol address," or "IP Address," is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we, or our service providers, may track your IP Address when you access Nutria to assist with ad targeting.
"Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with Nutria. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our services offered through Nutria, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of Nutria may not work properly, and you will not be able to receive our services.
Use and Disclosure of Information
In general, Personal Information you submit to us is used by us to provide you access to Nutria, to improve Nutria, to better tailor the features, performance, and support of Nutria, and to offer you additional information, opportunities, promotions and functionality from us, our partners, or our advertisers at your request. Additionally, we do share your content preferences and other information with the social network from which you have connected to Nutria, along with those companies and persons you have asked us to share your information with.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.
The Ability of Others to View Your Information
Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use publicly available sections of Nutraia, certain information you post or provide, such as your name, profile, comments, posts, and ratings, may be shared with other users and posted on publicly available portions of Nutria, including without limitation, chat rooms, bulletin and message boards, along with other public forums. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through Nutria, this information may become publicly available and may be collected and used by others, including people outside the Nutria community.
We will not have any obligations with respect to any information that you post to parts of Nutria available to others, and recommend that you use caution when giving out personal information to others in public forums online or otherwise. We also share the information you publish with other third parties.
Third Party Sites and Advertising
Nutria may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. We encourage our users to read the privacy statements of each and every website they visit. This applies solely to information collected by us through Nutria and does not apply to these third-party websites. The ability to access information of third parties from Nutria, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third parties, their products, services, other websites, locations, or their content.
Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly (please see contact information below).
We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.
Contact and Revisions
If you have any questions about these Terms or the Services, please contact email@example.com
Caligenix is a biotechnology company that provides genetic test kits, genotyping, and customized reports for personalized nutrition and fitness (the “Caligenix Service”).
Caligenix provides its test kits only directly or through its affiliated healthcare professionals (the “Healthcare Professional”). Caligenix collaborates with PocketCoach Corporation which offers the Nutria program, a personalized nutrition coach where participants interact with a safe and secure nutritional health mobile application.
Caligenix makes no warranties about its product whatsoever and does not provide any support if you have used the Caligenix test kit in any way other than as directed by Caligenix or through its Healthcare Professional.
By using the Caligenix Service, you also represent and warrant that any saliva samples you submit to us as part of the Caligenix Service are your own, that you have followed the saliva collection instructions provided, and that you will not use our website or the Caligenix Service for any purpose that is unlawful, unethical, or in violation of these Terms.
Caligenix is Not Medical Advice
The Caligenix Service, including test results, your personalized nutrition report (Report), and any other information provided in our materials or on this website is for information purposes only and is not a substitute for medical advice, diagnosis, or treatment.
The Caligenix Service is provided either directly or through Healthcare Professionals. You may speak to Caligenix directly to discuss background information regarding your Report. The Caligenix test kit is not a diagnostic test.
Regardless of any information contained in, related to, or given in association with your Report, you should seek the advice of a physician or other qualified healthcare provider if you have questions regarding any medical condition, or if you are experiencing any symptoms you believe to be a medical condition. You should not ignore professional medical advice or delay in seeking it because of any information contained in your Report. You should not interpret your Report or any other information provided in relation to it as recommending any specific treatment plan, product, or course of action related to a treatment for a medical condition. Always consult your physician or other qualified healthcare provider before starting any new treatment, or stopping any treatment that has been prescribed for you by your physician or other qualified healthcare provider.
Privacy and Security of Information
Caligenix takes your privacy and the security of your information very seriously. Only you will be able to access your genetic test results. Your Caligenix test kit is marked with a unique barcode, which is what our laboratory will use to analyze your sample.
Caligenix uses the Secure Socket Layer (SSL) protocol to encrypt information that is transmitted over the Internet. This technology uses 256-bit encryption, which ensures that confidential information cannot be viewed, intercepted, or altered.
Caligenix will store your barcoded and anonymized DNA sample so that you will have the opportunity to be tested for additional genetic variants as new discoveries are made and the science develops. We do this so that new tests can be performed at your request without the need to collect another saliva sample and its associated costs. However, you may have your sample destroyed by sending a written request to Caligenix.
Your personal genetic information will never be disclosed to a third party without your explicit written consent to do so, unless required by law.
Caligenix may update our privacy and security policies and practices from time to time. We will continue to use commercially reasonable safeguards against unauthorized disclosure of or access to your genetic data or other personally identifiable information about you.
However, by agreeing to use the Caligenix Service, you acknowledge that security safeguards, by their nature, are capable of being circumvented and that Caligenix cannot guarantee that personally identifiable information about you will not be accessed by unauthorized people who are able to overcome such safeguards, including actions aimed at accessing information over the Internet.
You should be careful about sharing the results of your Report and any related information. Genetic information that you share with others may be used against your interests. You may wish to seek legal advice to understand the extent of legal protection of your genetic information before you share it with anybody. Genetic information that you choose to share with your physician or other healthcare provider may become part of your medical record and may become accessible to other healthcare providers or insurance. If you are asked by an insurance company whether you have learned about your genetic information and you do not disclose this to them, this may be considered to be fraud.
Caligenix cannot be responsible for any personally identifiable genetic information about you that you release on your own, or that you request or authorize us to release.
Upon completion of the Caligenix Services, Caligenix safely and securely transmits your personally identifiable genetic information to PocketCoach Corporation for processing within its Nutria program.
Copyrights and Trademarks
The Caligenix name and logo are trademarks of Caligenix, Inc. Caligenix owns all of the content in its materials, including the content of its website. All content, trademarks, service marks, trade names, and products on this website and in our materials are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of Caligenix, Inc.
Caligenix grants you a non-exclusive, non-transferable, revocable, limited license to receive our Services and to view and print one or more copies of your Report and a single copy of any other content obtained by you from our website, for your non-commercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices.
Warrants, Liability and Indemnification
Our site, Services, your Report, and other content are provided on an "as is" basis, and you use them at your own risk. Caligenix expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Caligenix makes no warranties as to the accuracy, quality, or reliability of our site, the Services, your Report or other content, or any results that may be obtained from their use or advice based on their use.
Caligenix assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on our site, Services, your Report or other content, or any advice you may receive based on these. You must evaluate and bear all risks associated with their use, including any reliance on their accuracy or completeness. In no event will Caligenix, its licensors, or suppliers be liable for any special, indirect, incidental, punitive, or consequential damages, however caused.
You agree to indemnify, defend, and hold harmless Caligenix, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, costs and other expenses that arise from your use of our site, Services, your Report or other content, from your breach of these Terms, or from any data or communications you submit, post, or transmit to or through our site.
These Terms of Service May Change
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